Fifth Circuit rule
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2 mentions
1 recordings
first heard Mar 2026
last heard 24 Mar
↓2 vs the 6 months before
Fifth Circuit rule presuming intent when debtor fails to update form
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newest first · ▶ plays the momentUnknownSupreme Court of the United States · Keathley v. Buddy Ayers Construction, Inc. (25-6) · 6:10 · 24 Mar
…that simply because a debtor has a potential financial motive to mislead, a debtor's failure to update the bankruptcy court as to the existence of a cause of action is an intentional representation.…
UnknownSupreme Court of the United States · Keathley v. Buddy Ayers Construction, Inc. (25-6) · 0:58 · 24 Mar
…The Fifth Circuit applies what amounts to a conclusive presumption that a debtor's failure to disclose a cause of action through updating a form is intentional as long as the debtor knew of the facts underlying the claim and had a potential financial motive to shield the asset, something which exists almost by definition in the case of any bankruptcy claim.…
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